Even if General Flynn takes the Fifth, does he still have to appear before the Senate...?

[kentuck]

...to answer questions?

He can take the Fifth but he can't refuse to be questioned, is that correct?

Just curious.

Perhaps a lawyer may know more?

[unblock]

1. if they call him, i think it's contempt if he doesn't show.

[FarPoint]

2. Not even close to being a lawyer..

I did sleep with one... hahaha...back to the point...I imagine he needs to appear and make it an official record.😎

[hlthe2b]

5. in a Holiday Inn Express? Well then, you are doubly qualified...

[FarPoint]

7. Hahaha...

I'm in a silly mood today...needed to laugh....

[Stallion]

3. Generally Yes But the Republican Majority Committee May Let Him Avoid that

...he has to answer all questions except those that might tend to incriminate him

[Eyeball_Kid]

4. Not a lawyer, but a common sense advocate:

Thus far, Flynn has stated that, if giving sworn testimony, he will plead the Fifth in response to certain questions. He can't pre-empt testimony by making a remark that he WILL plead the Fifth. That doesn't make him immune from a subpeona. Pleading the Fifth requires that he answer some questions under oath. He MUST appear if subpoenaed, or be held in contempt. Right now, predicting his intention to plead the Fifth is considered and off-the-record statement that holds no weight in court.

[SoCalMusicLover]

6. If He Even Ends Up Appearing....

As I'm sure the repubs will do everything to facilitate him not, I'm reasonably confident he's going to take the 5th on EVERY question.

It may get to the point where someone asks him the color of his own suit, and he takes the 5th.

[kentuck]

8. Are the questions important, without the answers?

[Jersey Devil]

9. He must appear in response to a subpoena under any circumstances

He may then invoke his rights under the 5th Amendment when questioned, which he will likely do with respect to all questions, no matter how innocuous, to avoid any claim that he has waived his rights.

[LesterKasai]

10. the current subpoena is just for documents, not personal appearance, so no 5th Amendment possible?

I believe the current subpoena on Flynn is just for his documents,not for his personal appearance. So he is not legally required to personally appear at a hearing.

However, it is interesting that Flynn is invoking his 5th Amendment rights at this point. AFAIK, 5th amendment rights only apply to oral testimony. It does not apply to documents that presumably already exist. Can anyone confirm this for me?

[kentuck]

11. Thanks Lester!

Welcome!

[LesterKasai]

13. thank you :)

thank you for the welcome kentuck

[kentuck]

12. I found this link on FB:

https://www.washingtonpost.com/powerpost/flynn-takes-the-5th-and-declines-to-comply-with-senate-intelligence-committee-subpoena/2017/05/22/e4fa0524-3f15-11e7-8c25-44d09ff5a4a8_story.html?hpid=hp_hp-top-table-main_flynn-pp-210pm%3Ahomepage%2Fstory&utm_term=.c21664612088